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(영문) 창원지방법원 밀양지원 2015.12.04 2015고합37
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a driver of the C(C) call taxi located in Syang-si, and the victim D used the above disabled call taxi due to the delay in the right side and the side of the bridge due to traffic accidents and became aware of the defendant.

1. From May 2012 to June 2012, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion by the disabled) committed a crime by the victim with the disabled call taxi (vehicle E) so that the Defendant operated the said vehicle, the Defendant was able to force the victim to commit indecent act by force. The Defendant left the vehicle in operation at the center near the smuggling culture center at the center at the time of fasting 265, and left the chest of the victim by hand.

Accordingly, the defendant committed an indecent act on the part of the victim with physical disability.

2. On June 16, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act by compulsion of persons with disabilities) was placed on the part of the Defendant’s house located in F, 103 Dong 406, and the victim was placed on the part of the Defendant’s house, and the victim was able to have a victim in the house, and the victim was able to have a victim in the house, and she was able to have a victim in the house, and she was she was able to have a victim in the house, and the victim was she was able to have a victim’s left hand.

After that, the Defendant committed an indecent act by keeping the victim's body from leaving the body so that the victim can not move, and by keeping the victim's panty into the victim's panty line, the Defendant committed an indecent act.

Accordingly, the defendant committed an indecent act on the part of the victim with physical disability.

Summary of Evidence

1. Defendant's legal statement;

1. Video CDs made by the victim;

1. A complaint;

1. A written confirmation of counseling;

1. Stenographic records;

1. Application of Acts and subordinate statutes to report on investigation (to analyze stenographic records of victims and to attach G opinions of experts in sexual assault cases who are children);

1. Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the punishment for such crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;

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